The Brown Act

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Ralph M. Brown Act

Represents the Legislature’s determination of how the balance should be struck between public access to a meeting of multi member public bodies and the need for confidential candor, debate and information gathering.

Purpose

Purpose

To facilitate public participation in local government decisions and to curb the misuse of the democratic process by secret legislation by public bodies.

Bodies Subject to the Brown Act

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The Brown Act applies to the legislative bodies of local agencies. It defines “legislative body” broadly to include just about every type of decision-making body of a local agency.The prudent presumption is that an advisory committee or task force is subject to the Brown Act. When in doubt as a leader remember:Public meetings may reduce the possibility of misunderstandings and controversy.

1.The governing body of a local agency or any other local body created by state of federal law. Thus, entities such as city councils, boards of supervisors, school boards,redevelopment agencies, and air pollution control boards are covered. The judiciary is not covered. State agencies and the legislature are covered by separate, similar acts.\

2..A commission, committee, board, or other body of a local agency created by charter, ordinance, resolution, or formal action of a legislative body. Advisory committees composed solely of the members of the legislative body that constitute less than a quorum and that have neither a continuing scope of business nor a schedule set by the legislative body are not covered by the Act.

Standing committees are included if they have schedules fixed by official action irrespective of their composition.

3. A board, commission, committee or other multimember body that governs a private entity that either: For example, the governing board of private corporation to which a public hospital district has turned over control of a hospital.

Bodies Subject to the Brown Act

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What is a meeting?

A MeetingA “congregation by a majority” of a legislative body at the same time and place to “hear, discuss, or deliberate” on any matter within the jurisdiction of the body.

Action is not required to take place

Can be informational only

A meeting does not have to be formally announced, agendized, or convened in order to be subject to the Brown Act (e.g. luncheon)

All meetings of the designated bodies are subject to the notice & open meeting requirements of the Brown Act.

Regular meetings:Time,Place &

Location

MEETING GUIDELINES

Accessible to all members of the publicNo fees can be charged No requirements to register name (sign-in)Audio and video recording devices are permittedAny recording becomes a public recordPublic bodies must permit broadcast of their

meetings, unless a proven disruption of proceedings

3 TYPES OF MEETINGS

SpecialMeetings

● May be called at any time.

● 24 hour notice to the members and any media that requested written notice.

Emergency Meetings

● Very rare!

● A majority may call the meeting.

● 1 hour notice to media outlets that have requested written notice.

Regular Meetings

● Agendas posted 72 hours in advance.

● Time and location set by ordinance, resolution, or by-laws.

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MEETING Formats

Serial MeetingsA series of communications, involving less than a quorum, but taken as a whole involves a majority of the body’s members

A majority of the body members communicate about an issue & develop a collective concurrence.

Teleconference Meetings

Section 54953(b) authorizes the conduct of meetings by legislative bodies through teleconferencing under specified circumstances.

At least a quorum of the body must meet at the location within the jurisdiction’s boundaries.

Particular guidelines must be followed.

Individual Contacts Face-to-Face

Meetings

Congregation by a majority

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Prohibited Exempt

Writing as Meeting Meetings have not commonly occurred through written instruments.

Members could cross the line with email.

Individual contacts between a member of a legislative body and any other person are exempt from the definition of a meeting.

Some exemptions

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EXEMPTIONS for Face to Face MeetingsAttending a conference (open to the

public)General public discussionAttending another meeting separate

from body’s jurisdictionAttending a ceremony or social

event

Attending at a committee of the body

Individual contact

Closed Session Meetings

1)Specified personnel matters2) Pending litigation3) Labor negotiations4) Real estate negotiations5) Public security6) Student discipline

Rights of the PublicAccessible to all members of the publicNo fees can be charged Audio and video recording devices are permitted unless

proven disruptiveThe right to provide testimony on any matter under the

legislative body’s jurisdiction.

The right to offer criticism.

Agendas or any other writings, except for records exempt from, must be provided.

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•Brief general description of meeting item or transaction

•To inform interested members of the public can determine if they want to attend, monitor, or participate in the meeting

Violations of the Brown ActWhat to do if you believe there has been a violation.

Once the body receives demand, it has 30 days to cure or correct the violation. If the body fails to cure or correct within this 30-day period, interested person may file suit to void the action

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Appendix ATIME DEADLINES FOR FILING A SUIT TO VOID AN ACTION TAKEN BY A BODY An action is taken that a district attorney or interested person believes is in violation of:

● general open meeting requirement (§ 54953)

● •agenda requirements for regular meetings (§ 54954.2)

● safe harbor notice provisions for closed sessions (§ 54954.5)

● procedures for new taxes and assessments (§ 54954.6)

● requirements for special meetings (§ 54956)

● requirements for emergency meetings (§ 54956.5)

The action must be filed within 15 days of: A. Receipt of decision to cure or correct or refusal to do so. B. End of 30-day period to cure or correct.

Violations of the Brown Act

What to do if you believe there has been a violation.

Complainant must make written demand to the body to cure or correct within:

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Appendix ATIME DEADLINES FOR FILING A SUIT TO VOID AN ACTION TAKEN BY A BODY An action is taken that a district attorney or interested person believes is in violation of:

● general open meeting requirement (§ 54953)

● •agenda requirements for regular meetings (§ 54954.2)

● safe harbor notice provisions for closed sessions (§ 54954.5)

● procedures for new taxes and assessments (§ 54954.6)

● requirements for special meetings (§ 54956)

● requirements for emergency meetings (§ 54956.5)

30 days of the action if it were in open session, but in violation of agenda requirements.90 days of the action in all other situations.

Violations of Brown Act

Criminal Sanctions

● misdemeanor conviction

● imprisonment in county jail for up to six months

● fine of up to $1,000

● both

Other Measures

● court to order

● attorneys’ fees

Nullification of Decision

● Voidable

● action declared invalid

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Q & A

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Sourceshttp://ag.ca.gov/publications/2003_Main_BrownAct.pdfhttps://www.cacities.org/Member-Engagement/Professional-Departments/City-Attorneys-Department/Publications/Open-Public-IV_-A-Guide-to-the-Ralph-M-Brown-Act-(.aspxhttp://www.localgovlaw.com/civica/filebank/blobdload.asp?BlobID=2215http://www.localgovlaw.com/civica/filebank/blobdload.asp?BlobID=2215

https://firstamendmentcoalition.org/open-meetings-3/facs-brown-act-primer/